[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4270-4272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01372]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Proposed Information Collection Activity; Comment Request
Proposed Projects
Title: Information Collections for the Interim Final Rule on
Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual
Harassment Involving Unaccompanied Children.
OMB No.: New Collection.
Description: In accordance with section 1101(c) of the Violence
Against Women Reauthorization Act of 2013, Public Law 113-4 (VAWA
2013), the Administration for Children and families (ACF), Office of
Refugee Resettlement (ORR) published an interim final rule (IFR) on
December 24, 2014 setting forth standards to prevent, detect, and
respond to sexual abuse and sexual harassment involving unaccompanied
children (UC). The IFR requires care provider facilities to collect,
report, and retain information to ensure care provider facilities are
properly preventing, detecting, and responding to all incidents of
sexual abuse and sexual harassment that occur while a UC is in ORR care
and custody. The proposed information collections solicit information
to document a care provider facility's efforts to do so. The proposed
information collections associated with this rule include the
following:
(1) Sexual Abuse Significant Incident Report Form: ORR requires
care provider facilities to use this form to report allegations related
to sexual abuse and sexual harassment to ORR so that ORR may be able to
monitor and track allegations of sexual abuse and sexual harassment as
well as ensure proper follow-up. All care provider facility staff,
volunteers, and contractors are required to report to ORR and third-
parties: any knowledge, suspicion, or information regarding an incident
of sexual abuse or sexual harassment; retaliation; staff neglect or
violation of responsibilities that may have contributed to an incident
or retaliation; and allegations of sexual abuse or sexual harassment
that occurred while the UC was at another care provider facility.
(2) Assessment of Risk Form: ORR requires care provider facilities
to use this form to assess a UC's risk of being sexually abused or
harassed or being sexually abusive or harassing other UC while in ORR
care and custody. Care provider facilities will use this information to
inform a UC's service
[[Page 4271]]
assignments to reduce the risk of sexual abuse or sexual harassment by
or upon a UC.
(3) Care Provider Incident Review Form: ORR requires care provider
facilities to collect data and prepare a report at the conclusion of
every investigation of sexual abuse and sexual harassment that was
determined to be substantiated or unsubstantiated but not unfounded to
ensure proper steps are taken following an investigation or allegation
of sexual abuse and/or sexual harassment.
(4) Written policies: ORR requires care provider facilities to
maintain written policies: mandating zero tolerance toward all forms of
sexual abuse and sexual harassment and outlining the care provider
facility's approach to detecting, preventing, and responding to such
conduct that include outside agencies (e.g. victim advocates,
counselors) in the facility's prevention and intervention protocols.
(5) Previous misconduct of job applicants: ORR requires care
provider facilities to solicit information from job applicants and
employees considered for promotion and in any written self-evaluations
conducted as part of performance evaluations of current employees about
previous misconduct related to sexual abuse and sexual harassment. This
information will be used to ensure any previous misconduct is reviewed
prior to hiring or promoting a potential or existing employee.
(6) Background checks: ORR requires care provider facilities to
produce background investigation results and documentation to ORR upon
request so that ORR can ensure background checks were conducted and to
review background checks as necessary for potential employees at care
provider facilities.
(7) Reporting misconduct of former employees: ORR requires care
provider facilities to provide information on substantiated allegations
of sexual abuse or sexual harassment involving a former employee upon
request from another care provider facility or institutional employer
from whom such individual is seeking employment. ORR requires this so
that an employee with substantiated allegations against him/her at one
ORR care provider facility is not employed at a different ORR care
provider facility.
(8) Reporting to investigating authorities: ORR requires care
provider facilities to report allegations of sexual abuse and sexual
harassment, including allegations that occurred at another care
provider facility, to ORR and all appropriate investigating authorities
so allegations of sexual abuse and sexual harassment are investigated
as appropriate.
(9) Document retention: ORR requires care provider facilities to
maintain documentation related to sexual abuse and sexual harassment
for at least 10 years.
(10) MOUs with investigating authorities: ORR requires care
provider facilities to maintain agreements or documentation showing
attempts to enter into agreements with local law enforcement, State or
local Child Protective Services, and State or local licensing agencies.
This is required to document completion of the requirement under the
IFR.
(11) Training documentation: ORR requires care provider facilities
to maintain written documentation that employees, contractors,
volunteers, and medical and mental health practitioners employed or
contracted by the care provider facility have completed required
trainings on sexual abuse and sexual harassment prevention, detection,
and response. This is required to document completion of the
requirement under the IFR.
(12) Information for UCs: ORR requires care provider facilities to
provide information to UCs regarding the care provider facility's zero
tolerance policies, methods to report allegations, information on
appropriate/inappropriate relationships, and to document the provision
of such information. This is required of care provider facilities so
that UCs know what to report, how to report, and the policies of the
facility.
(13) MOUs with reporting entities: ORR requires care provider
facilities to maintain agreements or document attempts to enter into
agreements with external entities that can receive and immediately
forward UC reports of sexual abuse and sexual harassment allegations to
ORR. This is to ensure completion of the IFR requirements.
(14) Grievance procedures: ORR requires care provider facilities to
maintain written procedures for identifying and handling time-sensitive
grievances that involve immediate threats to a child's health, safety,
or welfare related to sexual abuse and sexual harassment and reporting
them to ORR. This is to ensure care provider facilities have procedures
to handle time-sensitive grievances.
(15) Agreements with community service providers: ORR requires care
provider facilities must maintain agreements or document attempts to
enter into agreements with community service providers to provide legal
advocacy and confidential emotional support services for victims of
sexual abuse and sexual harassment. This is to ensure that care
provider facilities comply with the IFR requirements.
(16) Third party reporting: ORR is required to establish a method
to receive third-party reports of sexual abuse and sexual harassment
that occur at ORR care provider facilities. This provides a way for
third-parties to report allegations to ORR.
(17) Reporting to parent/legal guardian: ORR requires care provider
facilities to disclose allegations of sexual abuse and sexual
harassment to the victim's parents or legal guardian, except in cases
where doing so would endanger the safety or well-being of the UC.
(18) Reporting to attorney of record: ORR requires care provider
facilities to disclose allegations of sexual abuse and sexual
harassment to the victim's attorney of record, if applicable.
(19) Reporting staff, contractors, and volunteers to investigating
authorities: ORR requires care provider facilities to report to law
enforcement agencies and to any relevant state or local licensing
agency any staff, contractor, or volunteer who was terminated or
resigned because of a violation of care provider facility sexual abuse
or sexual harassment policies or procedures.
(20) Annual reports: ORR requires care provider facilities to
conduct an annual review of all sexual abuse and sexual harassment
investigations and provide the results to ORR so that ORR can gather
aggregate data from all ORR care provider facilities.
(21) Quarterly reporting: ORR requires the care provider facility's
PSA Compliance Manager to prepare a quarterly report for ORR compiling
information and aggregate incident-based sexual abuse and sexual
harassment data in order for ORR to review data on a regular basis.
(22) Other data: ORR requires care provider facilities to provide
data or information to ORR upon request.
(23) Audit report: ORR requires one audit report for each facility
within the first three years of the rule's publication and once every
three years thereafter. Audits will certify that care provider
facilities meet the standards required by the IFR. Audit reports will
be provided to ORR so ORR can ensure that all care provider facilities
are compliant with the IFR.
Respondents: Care provider facility service staff, contractors,
volunteers, family members and friends of UC, and auditors.
[[Page 4272]]
Annual Burden Estimates
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Average burden
Instrument Number of Number of responses hours per Total burden hours
respondents per respondent response
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Sexual Abuse Significant 2,430............... 1 or more............ 0.5 1,215 or more.
Incident Report Form.
Assessment of Risk Form...... 57,500.............. 1.................... 0.17 9,775.
Care Provider Incident Review 2,430............... 1.................... 0.5 1,215.
Form.
Written policies............. 120................. 1.................... 2 240.
Previous misconduct.......... 7,479............... 1 or more............ 0.33 2,468.
Background checks............ 748................. 1 or more............ 0.1 74.8.
Reporting misconduct of 75.................. 1.................... 0.33 25.
former employees.
Reporting to investigating 2,430............... 1 or more............ 0.33 802 or more.
authorities.
MOUs with investigating 120................. 2 or more............ 0.33 79 or more.
authorities.
Training documentation....... 7,479............... 1.................... 0.17 1,271.
Information for UCs.......... 57,500.............. 1.................... 0.25 14,375.
MOUs with reporting entities. 120................. 1.................... 0.25 30.
Grievance procedures......... 120................. 1.................... 0.5 60.
Agreements with local service 120................. 1 or more............ 1 120.
providers.
Third Party reporting........ 73 or more.......... 1.................... 0.25 18 or more.
Disclosure to parent/guardian 2,430............... 1.................... 0.17 413.
Disclosure to atty of record. 972................. 1.................... 0.17 165.
Reporting staff, contractors, 25.................. 1.................... 0.25 6.
and volunteers to
investigating authorities.
Annual reports............... 120................. 1.................... 4 480.
Quarterly reports............ 120................. 4.................... 2 960.
Other data................... 120................. 20 or more........... 0.25 600.
Audit report................. 40.................. 1.................... 8 320.
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Estimated Total Annual Burden Hours: 34,713.
In compliance with the requirements of Section 506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Administration for Children and
Families is soliciting public comment on the specific aspects of the
information collection described above. Copies of the proposed
collection of information can be obtained and comments may be forwarded
by writing to the Administration for Children and Families, Office of
Planning, Research and Evaluation, 370 L'Enfant Promenade SW.,
Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email
address: [email protected]. All requests should be identified
by the title of the information collection.
The Department specifically requests comments on: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed collection of
information; (c) the quality, utility, and clarity of the information
to be collected; and (d) ways to minimize the burden of the collection
of information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted
within 60 days of this publication.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 2015-01372 Filed 1-26-15; 8:45 am]
BILLING CODE 4184-01-P